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On January 23, 2007, Cooper Lighting, Inc. filed a “Section 337” complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving “Certain Lighting Products, Components Thereof, and Products Containing the Same.” The proposed respondents are Cordelia Lighting, Inc., Rancho Dominguez, CA and Jimway, Inc., Rancho Dominguez, CA.” The complaint has been designated as Docket No. 337-2520 for indexing in the Commission’s database.

On January 19, 2007, St. Clair Intellectual Property Consultants, Inc. also filed a “Section 337″ Complaint requesting that an unfair import investigation be instituted involving “Certain Digital Cameras and Component Parts Thereof.” The proposed respondent is Eastman Kodak Company, Rochester, New York. The complaint has been designated as confidential and assigned Docket No. 337-2519.

Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written “Initial Determination,” usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

The information contained in this alert is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.